SB366 Alabama 2021 Session

Existing law provides for the appointment of guardians and conservators for incapacitated persons

This bill would allow for the removal of a guardianship or conservatorship matter from the probate court to the circuit court under certain circumstances

This bill would prohibit the general conservator of a county from serving as a temporary conservator or guardian for a period of more than 30 days unless there are exigent circumstances as determined by the court following a hearing to determine the need for extension of the appointment

This bill would require a hearing on an appointment of a limited or general guardian to be held no more than 90 days after the date of the filing of a petition for appointment unless all interested parties agree to the extension of time

This bill would require that, in any proceeding for the appointment of a guardian of an incapacitated person, notification regarding a hearing be given to the attorney for the person alleged to be incapacitated, as well as any adult grandchildren of that person, if there are no adult children

This bill would provide that undue influence exerted on a person is not, alone, adequate grounds for determining that person is incapacitated and in need of a guardian

This bill would prohibit a court from appointing a guardian or conservator for an alleged incapacitated person in the event there is a person holding a properly executed durable power of attorney or health care directive on behalf of the alleged incapacitated person unless the person holding the durable power of attorney or health care directive resigns, dies, becomes incapacitated, or refuses to act on behalf of the alleged incapacitated person

This bill would prohibit automatic renewals of orders appointing a temporary guardian for an incapacitated person

This bill would require conservators to annually account to the court for administration of a conservatorship

This bill would prohibit a conservator from having authority to dismiss an attorney who was retained by an incapacitated person to challenge the initial order of appointment of conservator, and from refusing to allow the attorney to meet with the incapacitated person or participate in proceedings related to the conservatorship unless the incapacitated person consents to the dismissal or refusal to participate

This bill would prohibit, unless specifically directed by the court, a conservator from sharing medical records and reports, wills, investment reports, deeds, or other confidential information with any person who filed the petition for conservatorship or with any attorney representing a petitioner

This bill would prohibit an alleged incapacitated person from being required to pay the fees for any attorney appointed to represent his or her interests, the fees of any attorney representing the petitioner, or the fees of any experts or witnesses retained by the petitioner or the petitioner's attorney

This bill would provide that if an order appointing a guardian or conservator is declared void for lack of subject matter jurisdiction or there is a determination that the alleged incapacitated person was denied due process in any proceeding, no fees shall be paid to the conservator, guardian, guardian ad litem, court representative, or attorneys representing the petitioner

This bill would also provide that the annual compensation paid to a guardian or conservator shall be a reasonable fee based upon the actual services provided by the guardian or conservator for the care of an incapacitated person, minor, or ward, and his or her affairs, and shall not include services performed by an employee, agent, or servant of the guardian or conservator

Relating to guardianships and conservatorships; to amend Sections 26-2-2, 26-2-3, 26-2-50, 26-2A-102, 26-2A-103, 26-2A-105, 26-2A-107, 26-2A-133, 26-2A-147, 26-2A-152, and 26-5-2, Code of Alabama 1975; to allow for the removal of a guardianship or conservatorship matter from the probate court to the circuit court under certain circumstances; to prohibit the general conservator of a county from serving as a temporary conservator or guardian for more than a certain amount of time except for in certain circumstances; to set timing requirements for hearings on an appointment of a limited or general guardian; to expand the list of people who should be notified in any proceeding for the appointment of a guardian of an incapacitated person; to provide that undue influence exerted on a person is not, alone, adequate grounds for determining that person is incapacitated and in need of a guardian; to prohibit a court from appointing a guardian or conservator for an alleged incapacitated person in certain circumstances; to prohibit automatic renewals of orders appointing a temporary guardian for an incapacitated person; to require conservators to annually account to the court for administration of a conservatorship; to further provide for the duties and dismissal of an attorney under certain conditions who was retained by an incapacitated person; to prohibit, unless specifically directed by the court, a conservator from sharing certain information with certain people; to prohibit an alleged incapacitated person from being required to pay certain attorney fees and expert or witness fees; to provide that if an order appointing a guardian or conservator is declared void for lack of subject matter jurisdiction or there is a determination that the alleged incapacitated person was denied due process in any proceeding, no fees shall be paid to the conservator, guardian, guardian ad litem, court representative, or attorneys representing the petitioner; and to provide that the annual compensation paid to a guardian or conservator shall be a reasonable fee based upon certain factors.